Dear All, I wish to know if an employee meets with an accident while going home after finishing their duty, is the employer liable to pay them compensation and wages for absent days due to the accident? Kindly guide me.
From India, Dhule
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From India, Dhule
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Dear Colleague,
In case of any injury that happens outside the establishment where there is no control and supervision from the employer, it has to be approached with care and thorough fact-finding. There are case laws both for and against compensations in such cases. The facts to be determined are many in such cases:
1. Whether he was covered under ESI or WC at the time of the incident?
2. Whether he was traveling on any vehicle provided by the employer or was using public transport?
3. Whether the incident is purely "arising out of and in the course of employment" and related to the employment journey?
4. What are the evidences and facts showing whether the employee was returning directly home after work or went elsewhere before the incident occurred?
5. The connection between "employment" and "injury" must be established, and the person should not have engaged in other activities like consuming alcohol.
For your general understanding:
All these facts need to be ascertained before making any decisions in such matters. Once all facts are positive, many times the Commissioners and Courts have awarded compensation under the Employees' Compensation for any disability or disablement, whether temporary or permanent. If covered under ESI, based on the accident report, they also support the insured person after verifying the facts.
If all your answers are positive for the employee, then yes, as part of WC or ESI, he has to be compensated for the loss of wages.
Temporary Disablement under the WC Act
The compensation is equal to 25% of monthly wages, payable on the sixteenth day from the date of disablement. If the disablement continues for 28 days or more, the workers' compensation will be payable from the date of disablement.
If he is covered under ESI, then you need to send the accident report, and ESI will take care of the rest.
You may consult your local Compensation Commissioner or ESI Local Officer Manager as appropriate, and then assist the employee if, based on all facts, the incident is connected to and arises out of employment, and the connection is established.
From India, Chennai
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321In case of any injury that happens outside the establishment where there is no control and supervision from the employer, it has to be approached with care and thorough fact-finding. There are case laws both for and against compensations in such cases. The facts to be determined are many in such cases:
1. Whether he was covered under ESI or WC at the time of the incident?
2. Whether he was traveling on any vehicle provided by the employer or was using public transport?
3. Whether the incident is purely "arising out of and in the course of employment" and related to the employment journey?
4. What are the evidences and facts showing whether the employee was returning directly home after work or went elsewhere before the incident occurred?
5. The connection between "employment" and "injury" must be established, and the person should not have engaged in other activities like consuming alcohol.
For your general understanding:
All these facts need to be ascertained before making any decisions in such matters. Once all facts are positive, many times the Commissioners and Courts have awarded compensation under the Employees' Compensation for any disability or disablement, whether temporary or permanent. If covered under ESI, based on the accident report, they also support the insured person after verifying the facts.
If all your answers are positive for the employee, then yes, as part of WC or ESI, he has to be compensated for the loss of wages.
Temporary Disablement under the WC Act
The compensation is equal to 25% of monthly wages, payable on the sixteenth day from the date of disablement. If the disablement continues for 28 days or more, the workers' compensation will be payable from the date of disablement.
If he is covered under ESI, then you need to send the accident report, and ESI will take care of the rest.
You may consult your local Compensation Commissioner or ESI Local Officer Manager as appropriate, and then assist the employee if, based on all facts, the incident is connected to and arises out of employment, and the connection is established.
From India, Chennai
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Employee's Compensation Act-2009.pdf